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82 Jacqueline Jimenez Vda. de Gabriel vs. Hon. Court of Appeals and Fortune Insurance & Surety Co., Inc., G.R. No. 103883, Nov. 14, 1996
82 Jacqueline Jimenez Vda. de Gabriel vs. Hon. Court of Appeals and Fortune Insurance & Surety Co., Inc., G.R. No. 103883, Nov. 14, 1996
1 Case against ACDC was ordered by the court to be dismissed WITHOUT PREJUDICE for failure of petitioner to serve 2 One issue in this case is the lack of verification of the answer pursuant to Sec 8 Rule 8 of the 1997 Rules of CivPro.
the fourth service of summons Liberally applying the rules, the court did not fault private respondent for this.
peril that may have been stipulated by the parties. An "accident insurance" is
not thus to be likened to an ordinary life insurance where the insured's
death, regardless of the cause thereof, would normally be compensable. The
latter is akin in property insurance to an "all risk" coverage where the insured,
on the aspect of burden of proof, has merely to show the condition of the
property insured when the policy attaches and the fact of loss or damage
during the period of the policy and where, thereafter, the burden would be on
the insurer to show any "excluded peril." When, however, the insured risk is
specified, like in the case before us, it lies with the claimant of the insurance
proceeds to initially prove that the loss is caused by the covered peril.
While petitioner did fail in substantiating her allegation that the death of her
husband was due to an accident, considering, however, the uncertainty on the
real cause of death, private respondent might find its way clear into still taking
a second look on the matter and perhaps help ease the load of petitioner's loss.
Sec. 384. Any person having any claim upon the policy issued
pursuant to this chapter shall, without any unnecessary delay,
present to the insurance company concerned a written notice of
claim setting forth the nature, extent and duration of the injuries
sustained as certified by a duly licensed physician. Notice of claim
must be filed within six months from date of the accident,
otherwise, the claim shall be deemed waived. Action or suit for
recovery of damage due to loss or injury must be brought, in
proper cases, with the Commissioner or the Courts within one year
from denial of the claim, otherwise, the claimant's right of action
shall prescribe.
The notice of death was given to private respondent, concededly, more than
a year after the death of petitioner's husband. Private respondent, in
invoking prescription, was not referring to the one-year period from the
denial of the claim within which to file an action against an insurer but
obviously to the written notice of claim that had to be submitted within six
months from the time of the accident.